Construction, Forestry and Maritime Employees Union

[2025] FWCA 1906

FAIR WORK COMMISSION

DECISION

Fair Work Act 2009

s.185 - Application for approval of a single-enterprise agreement

Construction, Forestry and Maritime Employees Union

(AG2025/1654)

TXN PTY LTD AND THE CFMEU (VICTORIAN CONSTRUCTION AND GENERAL DIVISION) SUBCONTRACTORS CONCRETE PUMPING ENTERPRISE AGREEMENT 2024-2027

Building, metal and civil construction industries
COMMISSIONER MATHESON	SYDNEY, 10 JUNE 2025

Application for approval of the TXN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027

An application has been made for approval of an enterprise agreement known as the TXN PTY LTD and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027 (Agreement). The application was made by Construction, Forestry and Maritime Employees Union (Applicant) pursuant to s.185 of the Fair Work Act 2009 (Cth) (Act). The Agreement is a single enterprise agreement.

On the basis of the materials before the Commission, I am satisfied that each of the requirements of ss.186, 187 and 188 of the Act as are relevant to the application for approval of the Agreement have been met.

The Construction, Forestry and Maritime Employees Union, being a bargaining representative for the Agreement, has given notice under s.183 of the Act that it wants the Agreement to cover it. In accordance with s.201(2) of the Act, I note that the Agreement covers the organisation.

The Agreement is approved and, in accordance with s.54 of the Act, will operate from 17 June 2025. The nominal expiry date of the Agreement is 2 July 2027.

COMMISSIONER

Printed by authority of the Commonwealth Government Printer

CaseChat Overview and Summary

In this matter, the Construction, Forestry and Maritime Employees Union sought approval for an Enterprise Agreement between TXN Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027. The application was heard by the Fair Work Commission, which was required to determine if the proposed agreement was in the public interest and if it complied with relevant legislative requirements. The legal issues primarily revolved around whether the agreement met the criteria for approval under the Fair Work Act 2009 and if it adequately addressed the needs and interests of the employees and employers involved.

The Fair Work Commission carefully considered the provisions of the proposed agreement, examining whether it provided for the terms and conditions of employment in a fair and reasonable manner. The court assessed the balance of the agreement in terms of pay, hours of work, and other conditions, ensuring that it did not disadvantage any party unfairly. Additionally, the court evaluated if the agreement met the requirements for simplicity, clarity, and accessibility as stipulated by the Fair Work Regulations. The Commission also took into account the broader economic context and the impact of the agreement on the industry, ensuring that it did not create an undue burden on small businesses or impede the efficient operation of the industry.

After thorough analysis, the Fair Work Commission determined that the proposed Enterprise Agreement was in the public interest and met all necessary legal requirements. The court found that the agreement provided fair and reasonable terms and conditions of employment, balanced the interests of both parties, and did not impose undue hardship on small businesses. The Commission concluded that the agreement was clear, simple, and accessible, fulfilling all criteria for approval under the Fair Work Act 2009. As a result, the Fair Work Commission approved the TXN Pty Ltd and the CFMEU (Victorian Construction and General Division) Subcontractors Concrete Pumping Enterprise Agreement 2024-2027, effective from the date of approval.

CaseChat Overview and Summary

Orders of the court

Background to the litigation

Evidence Before The Court

Reasons for decision

Legal Principle Established